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(영문) 광주지방법원 2017.09.29 2016나57617
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. In accordance with the claims added by this court, the defendant is Jeonnam-gun.

Reasons

1. Basic facts

A. Two-story buildings (one-story store, two-story house, and one-story building of this case; hereinafter “the building of this case”) on the ground of 52 square meters in Jeonnam-gun, Jeonnam-gun were newly built by E on December 31, 1979, and the Plaintiff purchased each of them on July 31, 1990 and November 5, 1996.

B. On July 18, 1980, the building No. 1 of this case, which is the land immediately adjacent to the building No. 1 of this case, one story building (house; hereinafter “the building No. 2 of this case”) on the ground of 90 square meters in Yong-gun, Jeonnam-gun, Jeonnam-gun, which is the land immediately adjacent to the building No. 1 of this case, was registered for preservation of ownership in the name of the defendant. After that, the defendant newly constructed the brick and the building No. 2 of this case without permission on the building No.

C. During the construction of the instant building No. 1, the Plaintiff: (a) filed a lawsuit against the Defendant, E, and F with the Gwangju District Court on September 6, 2012, which sought the implementation of the procedure for the registration of ownership transfer of the said three square meters of land, as the 2012Kadan1240, Gwangju District Court Decision 2012Gadan1240, Sept. 6, 2012; (b) settled with the Defendant on January 9, 2013, and obtained a favorable judgment against the E and F on February 1, 2013.

On April 17, 2013, the said three square meters of land was divided into three square meters (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer with respect to the instant land by subrogationing E and F on June 7, 2013 in sequence.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, 16 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The plaintiff's assertion as to the claim for damages 1) The plaintiff purchased the building No. 1 of this case and resided from around December 1998. At that time, the roof of the building No. 2 of this case was under the window of the second floor of the building No. 1 of this case, and it was well fright to enter the sunbeams well. The defendant violated the height limit for securing the right to enjoy sunlight under the Civil Act (0.5m) and the Building Act on September 2001.

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